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PEOPLE v. TOMASELLO

21 N.Y.2d 143 (1967)

The People of the State of New York, Appellant, v. Alfred Tomasello, Respondent.

Court of Appeals of the State of New York.

Decided December 28, 1967.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Brenda Soloff, Samuel A. Hirshowitz, Allan N. Smiley and Elliott S. Greenspan of counsel), for appellant.

Hyman R. Friedman and William K. Friedman for respondent.

Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.

Chief Judge FULD.

The present appeal raises a question of considerable importance in the field of criminal law: Is a prospective defendant or a target of an investigation who is called before a grand jury immune from indictment and prosecution for perjury if his testimony is found to be willfully false?

In 1962, the Attorney-General, upon the request of the...

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